The tariff classification of Banaba plant leaves from China.

N193293 December 13, 2011 CLA-2-12:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: 1211.90.9180 Ms. Letitia Antosz The Healing Teapot, LLC 4805 Valley Rise Lane White Lake, MI 48383 RE: The tariff classification of Banaba plant leaves from China. Dear Ms. Antosz: In your letter dated November 16, 2011, you requested a tariff classification ruling. The subject product is leaves derived from the Banaba plant. You have stated that the item which will be sundried and cut prior to importation will be principally used as an herbal tea. The applicable subheading for the Banaba plant leaves will be 1211.90.9180, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Substances having anesthetic, prophylactic or therapeutic properties and principally used as medicaments or as ingredients in medicaments: Other: Herbal teas and herbal infusions (single species, unmixed). The rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at (301) 575-0156, or at the website www.fda.gov/oc/bioterrorism/bioact.html. Additionally, please note that the importation of this merchandise may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). The Department of Agriculture may be contacted at: U.S. Department of Agriculture - APHIS, VS, NCIE Products Program - 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Telephone Number: 301-734-3277 This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division